Question posted in the General Law category relating to Gauteng
Hi, this question is with regards to Child Maintenance
I am a 19 year old university student & my father has not been paying regular maintenance. Back when I was in primary my mother applied for child support where he had to pay R1000 a month. My mom was employed then and had to pay for my monthly school fess of 450, monthly transport of R350, give me lunch money and also bought me winter and Christmas clothes every year.
Consequently, he barely pitched in for anything but my mom and I did not mind much as I was covered for.
Last year was my first year in university. I live in Pretoria but school at the University of Johannesburg . I also got a comprehensive bursary here that covers everything (tuition, residence, books, stipend) except extramurals and travel. Now my living expenses have increased to R5000 a month. This includes toiletries, clothes, meals, entertainment etc...
Whenever I ask him for assistance he complains and ask too many questions and say horrible things to me. Like I will one day work and buy myself everything that I need or buy my own clothes like he does. This made my first year less enjoyable as I couldn't afford to do much and I had constant mental breakdowns due to my father's treatment.He does help here and there but it comes with hurtful words. If it wasn't for the R900 stipend from my bursary and a little money I get from my photo business I do not know how I could have managed. Whenever he paid, he would usually take his time and always complains or count favours. - he seems unwilling.
Important information he works in Cape town, I am not sure of his position but he is in the Navy. I do not know the salary however I do not think he can't afford to support me.
My mother is unemployed and has been for the past 4 years. She does help wherever she can.
Back story aside, my questions are these:
Can I take him to maintenance court?
Are my expenses reasonable for him or can I increase/decrease them?
I know maintenance costs are split proportionally, but since my mother is unemployed how does that work?
How can I get him to pay every month and on time?
Does the fact that he helps sometimes asked for an expenses list and that I sent them to him mean anything? Is it binding in any way?
Thanks for your help